[Ord. 146, 1/10/2008]
1.
The Frazer Township Zoning Hearing Board shall consist of three residents
of the Township, appointed by the Board of Supervisors. Terms of office
shall be for three years, with the term of one member shall expire
each year. The Chairman of the Zoning Hearing Board shall promptly
notify the Board of Supervisors of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in
the Township.
2.
The Board of Supervisors may appoint up to three residents of the Township as alternate members of the Zoning Hearing Board. The term of office of the alternate member shall be three years. When seated pursuant to the provisions of § 27-2003, an alternate member shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for a Zoning Hearing Board Member, including the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter, and as provided by law. Alternate members of the Zoning Hearing Board shall hold no other office in the Township.
[Ord. 146, 1/10/2008]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by majority
vote of the Board of Supervisors, taken after the member has received
15 days advance notice of the intent to take such a vote. A public
hearing shall be held in connection with the vote if the member shall
request it in writing.
[Ord. 146, 1/10/2008]
The Zoning Hearing Board shall elect its officers from its own
membership, who shall serve annual terms as such and may succeed themselves.
For the conduct of any hearing and the taking of any action, a quorum
shall be not less than two members, but the Zoning Hearing Board may
appoint a hearing officer from its own membership to conduct any hearings
on its behalf. In such a case, the parties may, prior to the decision,
waive a decision by the Zoning Hearing Board and accept the decision
of the hearing officer as provided in the MPC, as amended. The Zoning
Hearing Board may make, alter and rescind rules and forms for its
procedure, consistent with the ordinances of the Township and the
laws of the Commonwealth. The Zoning Hearing Board shall keep full
public records of its business, which records shall be the property
of the Township, and shall submit a report of its activities to the
Board of Supervisors as requested by the Board of Supervisors.
[Ord. 146, 1/10/2008]
Within the limits of funds appropriated by the Board of Supervisors,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
zoning officers, legal counsel, consultants and other technical and
clerical services. Members of the Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized to be paid to the members of the Board
of Supervisors.
[Ord. 146, 1/10/2008; as Amended by Ord. 158, 4/6/2010, § 27]
The public hearing shall commence within 60 days of the filing
of an administratively complete application. Public notice, as defined
herein, of the public hearing, shall be advertised and posted as required
by the MPC, and in addition thereto, the Zoning Hearing Board shall
post at least one copy of the notice on the affected property. Public
hearings shall be conducted and held in accordance with the applicable
provisions of the MPC. The Zoning Hearing Board shall comply with
all requirements of Article IX of the MPC regarding conduct of hearings.
[Ord. 146, 1/10/2008]
1.
The Zoning Hearing Board or the hearing officer, as the case may
be, shall render a decision or, when no decision is called for, make
written findings on the application in accordance with the requirements
of the MPC and within 45 days after the last hearing before the Zoning
Hearing Board. Where the application is contested or denied, each
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefore. Conclusions based
on any provisions of this chapter, or any other land use ordinance,
rule or regulation or any provision of the MPC shall contain a reference
to the provisions relied on and the reasons why the conclusion is
deemed appropriate in the light of the facts found. If the hearing
is conducted by a hearing officer and there has been no stipulation
that his/her decision or findings are final, the Zoning Hearing Board
shall make his/her report and recommendations available to the parties
within 45 days, and the parties shall be entitled to make written
representations thereon to the Zoning Hearing Board prior to final
decision or entry of findings, and the Zoning Hearing Board's decision
shall be entered no later than 30 days after the report of the hearing
officer.
2.
A copy of the final decision or, when no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him no later than the day following its date.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 28]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those challenges brought before the Board of Supervisors pursuant
to §§ 609.1 and 916.1(a)(2) of the MPC.
B.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit, or failure to
act on the application therefor, the issuance of any enforcement notice
or the registration or refusal to register any nonconforming use,
structure or lot.
C.
Appeals from a determination by the Township Engineer or the Zoning Officer, with reference to the administration of the Township Stormwater Ordinance [Chapter 26, Part 1].
D.
Appeals for variances of the terms of this chapter and the Township Floodplains Ordinance [Chapter 8].
E.
Appeals from the Zoning Officer's preliminary opinion determination
as authorized by § 916.2 of the MPC.
F.
Applications for special exceptions under this chapter or the floodplain
management ordinance.
G.
Applications for the extension or expansion of legally existing nonconforming
use.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
An application for relief from the Zoning Hearing Board shall
be filed with the Township Secretary on a form prescribed by the Township.
The Township Secretary shall forward the application to the Zoning
Hearing Board, which shall set a time and place for the hearing. The
application shall not be considered to be administratively complete
until all items required by this chapter and the application form,
including the application fee and/or deposit, have been received by
the Township.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
1.
The Zoning Hearing Board shall hear requests for variance where it
is alleged that the provision(s) of this chapter inflict unnecessary
hardship upon the applicant pursuant to § 910.2 of the MPC,
53 P.S. § 10910.2.
2.
The Zoning Hearing Board may grant a variance provided that all of
the following findings are made where relevant in a given case.
A.
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
B.
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
3.
In granting a variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC.
[Ord. 146, 1/10/2008]
1.
Where the Township has permitted special exception uses in this chapter,
to be granted or denied by the Zoning Hearing Board pursuant to express
standards and criteria, the Board shall hear and decide requests for
such special exceptions in accordance with the following standards
and criteria enumerated herein:
A.
The use will not endanger the public health, safety or welfare if
located where proposed, and will not deteriorate the environment or
generate nuisance conditions.
B.
The use can be accommodated on the site with no variances required.
C.
The use is compatible with, or will support the uses in the neighborhood
of the site.
D.
The use does not require extensive earth moving or revision of drainage
patterns, or create substantial increase in stormwater flow.
E.
The use will not create excessive traffic congestion, and adequate
off-street parking is provided on the same property as the use.
F.
Areas of the property not to be covered by buildings or paved are
to be landscaped and maintained.
G.
Primary access points to the property not to be covered by buildings
or paved are to be landscaped and maintained.
H.
The Board may attach such reasonable conditions and safeguards in
addition to those expressed herein to implement the purposes of this
chapter.
2.
The landowner shall file a written request for the granting of a
use by special exception along with all maps, plans and text which
may be necessary to explain the development proposed and its conformance
with the standards and criteria of this chapter with the Zoning Officer.
Said request shall be accompanied by a fee specified by the Board
of Supervisors.
3.
Following the granting of a special exception, said use shall be
established within two years of the approval date or the special exception
approval shall automatically lapse.
[Ord. 146, 1/10/2008]
Appeals under §§ 27-2007.1.B, 27-2007.1.C, 27-2007.1.D, 27-2007.1.F and 27-2007.1.G may be filed with the Board in writing by the landowner affected, by any officer or agency of the Township or any person aggrieved. Request for a variance under § 27-2008 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.
[Ord. 146, 1/10/2008]
1.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate Township
officer, agency or body, if such proceeding is designed to secure
reversal or to limit the approval in any manner, unless such person
alleges and proves that he had no notice, knowledge, or reason to
believe that such approval had been given. If such person has succeeded
to his interest after such approval, he shall be bound by the knowledge
of his predecessor interest.
2.
The failure of anyone, other than the landowner, to appeal from an
adverse decision by the Zoning Officer on a challenge to the validity
of this chapter or Zoning Map pursuant to § 916.2 of the
MPC, shall preclude an appeal from a final approval, except in the
case where the final submission substantially deviates from the approved
tentative or preliminary approval.
3.
Any appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued, except appeals of the Zoning Officer's issuance of an enforcement
notice, which shall be filed within 10 days after receipt of the enforcement
notice.
[Ord. 146, 1/10/2008]
1.
Upon filing of any proceeding referred to in § 27-2011 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than a restraining order which may be granted by the Zoning Hearing Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
2.
When an application for development, preliminary or final, has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Zoning Hearing Board by persons other than the
applicant, the applicant may petition the Allegheny County Court of
Common Pleas to order such persons to post a bond as a condition to
continuing the proceedings before the Zoning Hearing Board, pursuant
to provisions of the MPC.
